Bill Text: TX HB723 | 2015-2016 | 84th Legislature | Comm Sub

Texas House Bill 723 (Prior Session Legislation)

Bill Title: Relating to the appointment of a guardian ad litem and attorney ad litem for a minor in an application for a court order authorizing the minor to consent to an abortion.

Sponsorship: Partisan Bill (Republican 5)

Status: (Introduced - Dead) 2015-04-27 - Committee report sent to Calendars [HB723 Detail]

Download: Texas-2015-HB723-Comm_Sub.html

	84R3521 SCL-F

	By: King of Parker, Bonnen of Galveston,	H.B. No. 723
	Burkett, Huberty, Flynn



	A BILL TO BE ENTITLED
	AN ACT
	relating to the appointment of a guardian ad litem and attorney ad
	litem for a minor in an application for a court order authorizing
	the minor to consent to an abortion.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Sections 33.003(e) and (i), Family Code, are
	amended to read as follows:
	(e) The court shall appoint a guardian ad litem for the
	minor. If the minor has not retained an attorney, the court shall
	appoint an attorney to represent the minor. The [~~If the guardian ad~~
	~~litem is an attorney admitted to the practice of law in this state,~~
	~~the~~] court may not appoint the guardian ad litem to serve as the
	minor's attorney. The court may not appoint the minor's attorney to
	be the guardian ad litem for the minor.
	(i) The court shall determine by a preponderance of the
	evidence whether the minor is mature and sufficiently well informed
	to make the decision to have an abortion performed without
	notification to either of her parents or a managing conservator or
	guardian, whether notification would not be in the best interest of
	the minor, and [or] whether notification may lead to physical,
	sexual, or emotional abuse of the minor. If the court finds that
	the minor is mature and sufficiently well informed, that
	notification would not be in the minor's best interest, and [or]
	that notification may lead to physical, sexual, or emotional abuse
	of the minor, the court shall enter an order authorizing the minor
	to consent to the performance of the abortion without notification
	to either of her parents or a managing conservator or guardian and
	shall execute the required forms.
	SECTION 2. The change in law made by this Act applies only
	to an application for a court order authorizing a minor to consent
	to an abortion filed under Section 33.003, Family Code, as amended
	by this Act, on or after the effective date of this Act. An
	application filed before the effective date of this Act is governed
	by the law as it existed at the time the application was filed, and
	that law is continued in effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2015.